FAQs

Where are the TSA Testing Sites in SC?

What is the International Registration Plan (IRP)?

The purpose of the International Registration Plan (IRP) is to promote and encourage the fullest possible use of the highway system by authorizing the proportional registration of fleets of vehicles and the recognition of vehicles proportionally registered in other jurisdictions.

An interstate carrier is only required to submit an application with the jurisdiction in which he is based.

The base jurisdiction in turn issues the apportioned license plate and cab card. Since the cab card will list all jurisdictions in which the registrant has paid registration fees, it is the only vehicle registration required to operate interstate or intrastate in IRP jurisdictions. However, all other requirements pertaining to fuel or any other tax must be in compliance prior to entry into each state.

Apportioned vehicles are defined as any vehicle used or maintained primarily for the transportation of property and:

1. Is a power unit having 2 axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds or 11,793.401 kilograms; or

2. Is a power unit having three or more axles regardless of weight; or

3. Is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,793.401 kilograms.

Vehicles, or combinations thereof, having a gross vehicle weight or registered gross vehicle weight of 26,000 pounds or less and two-axle vehicles may be proportionally registered at the option of the registrant.

How do I find information on Hazardous Materials Regulations?

Hazardous Materials (HM)

The mission of the Federal Motor Carrier Safety Administration (FMCSA) is to improve truck and bus safety on our nation’s highways. In terms of HM, FMCSA‘s goal is to reduce the number of serious HM transportation incidents 20 percent by 2010 as compared to fiscal year 2000.

In addition, FMCSA seeks to reduce HM security risks that could potentially harm the public and environment. Developing programs to accomplish these goals is the responsibility of the FMCSA Hazardous Materials Program.

Is there a sample Drug & Alcohol Policy I can use?

Sample FMCSA Drug and Alcohol Policy to Comply with FMCSR 382.601

(Put on Company Letterhead)

Purpose

It is the policy of __________________________ (“the Employer”) that its drivers be free of substance and alcohol abuse. Consequently, the use of illegal drugs by drivers is prohibited. Further, drivers shall not use alcohol or engage in “prohibited conduct” as defined herein. The overall goal of this policy is to ensure a drug- and alcohol-free transportation environment and to reduce accidents, injuries, and fatalities.

Option: Any driver who becomes unqualified or engages in prohibited conduct as set forth herein may be subject to _______________________

(List consequences, e.g., termination - suggested)

Prohibited Conduct

The following shall be considered “prohibited conduct” for purposes of this policy:

No driver shall report for duty or remain on duty while having an alcohol concentration of 0.04 or greater.

No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol unless the alcohol is manifested and transported as part of a shipment.

No driver shall use alcohol while performing safety-sensitive functions

No driver shall perform safety-sensitive functions within four (4) hours after using alcohol.

No driver required to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident or until he or she undergoes a post-accident alcohol test, whichever occurs first.

No driver shall refuse to submit to a DOT-required drug or alcohol test.

No driver shall report for duty or remain on duty when the driver uses any controlled substance, except when use is pursuant to the instructions of a licensed medical practitioner who has advised the driver that the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.

No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances or has adulterated or substituted a test specimen.

For the purposes of this subpart, an Employer can obtain actual knowledge that a driver has used alcohol or controlled substances based on the Employer’s direct observation of the driver, information provided by the driver’s previous Employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or a driver’s admission of alcohol or controlled substances use, except when done according to a written employer-established voluntary self-identification program or policy which meets FMCSA requirements. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under Section 382.307.

If a driver voluntarily admits to alcohol misuse or drug use, he/she will not be subject to the referral, evaluation and treatment requirements of Parts 40 & 382 provided that:

1) The driver’s admission is in accordance with the written Employer-established Voluntary Self-identification Program or policy;

2) The driver did not make the admission in order to avoid testing;

3) The driver makes the admission before performing a safety-sensitive position and

4) The driver does not perform a safety-sensitive function until the Employer is satisfied that he/she has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program guidelines.

Option: The Employer has the option of establishing a “self admission” program or policy. If the Employer as an established “self admission” program or policy, no adverse action can be taken against the driver for making a voluntary admission of alcohol misuse or drug use when the driver acts within the parameters of the established program or policy.

If a driver engages in prohibited conduct, the driver is not qualified to drive a commercial motor vehicle and shall be immediately removed from service. The Employer may, in its discretion, at the request of the driver, keep the driver’s position open while such driver attempts to become re-qualified.

Option: The Employer may also take action against the driver up to and including termination.

Refusal to Test

A refusal to test is defined as conduct that would obstruct the proper administration of a test. For a list of conduct that constitutes a refusal to test, refer to the USIS Employee Guide.

Option: Refusal to submit to the types of drug and alcohol tests employed by the Employer will be grounds for refusal to hire driver/applicants and to terminate employment of existing drivers.

Option: Employers may choose to conduct pre-employment alcohol testing for new drivers/applicants.

Pre-Employment Testing

All applicants for safety-sensitive positions must submit to urine drug tests. A driver/applicant is not required to submit to a urine drug test if (1) the Employer can verify that the driver has participated in a valid controlled substances testing program within the preceding thirty (30) days; and (2) while participating in that program, was either tested, with a negative result, within the past six (6) months or participated in a random selection program for the previous, consecutive, twelve (12) months; and (3) no prior employer has knowledge that the driver violated any part of the regulations within the last six months. Applicants must sign a release form in order for previous Employers to release this information.

Random Testing

The Employer conducts random drug and alcohol testing. The Employer or its agents will submit all drivers’ names and/or ID numbers to a random selection system. The random selection system provides an equal chance for each driver to be selected each time random selection occurs. Random selections will be unannounced and reasonably spread throughout the year. The Employer will drug test, at a minimum, 50 percent of the average number of covered employee positions in each calendar year or at a rate established by the Department of Transportation (DOT) for the given year. The Employer will select, at a minimum, 10 percent of the average number of driver positions in each calendar year for random alcohol testing, or at the rate established by the DOT for the given year. Random selection, by its very nature, may result in drivers being selected in successive selections, or more than once a calendar year. Alternatively, some drivers may not be selected in a calendar year.

If a driver is selected at random, for either drug or alcohol testing, the DER will notify the driver. Once notified, every action the covered employee takes must lead to a collection. If the covered employee engages in conduct that does not lead to a collection as soon as possible after notification, such conduct may be considered a refusal to test.

Post-Accident Testing

The driver must submit to drug and alcohol testing as soon as practicable any time he or she, while performing a safety-sensitive function, is involved in an accident where (1) a fatality is involved; or (2) the driver receives a citation for a moving violation arising from the accident (within 8 hours for alcohol, and within 32 hours for controlled substances), any party involved requires immediate treatment for an injury away from the accident scene, or if any vehicle involved incurs “disabling damage” (i.e., must be towed away). Following any accident while performing a safety-sensitive function, the driver must contact the Employer as soon as possible. The driver has been presented with information setting forth certain instructions for post-accident drug and alcohol testing. The driver shall follow the instructions contained in the information as well as any additional instructions from the Employer or its representatives.

Any time a post-accident drug or alcohol test is required, it must be performed as soon as possible following the accident. Every effort must be made to complete the alcohol test within two (2) hours. If this is not possible, you must continue to try for up to eight (8) hours. If no alcohol test can be made within eight (8) hours, attempts to perform an alcohol test shall cease. If no urine collection can be obtained for purposes of post-accident drug testing within thirty-two (32) hours, attempts to make such collection shall cease.

If a law enforcement officer does not issue a citation within the specified time frames, the Employer shall not attempt to conduct post-accident testing and shall proceed with documenting the reason why the test was not performed. If the Employer wants to pursue testing under its program, the Employer may conduct non-Federal tests accordingly.

In the event that Federal; State, or local officials conduct breath or blood tests for the use of alcohol and/or urine tests for the use of controlled substances following an accident, these tests may meet the requirements of this section, provided the tests conform to applicable Federal, State, or local requirements. The Employer may request testing documentation from such agencies, and may ask the driver to sign a release allowing the Employer to obtain such test results.

In the event a driver is so seriously injured that the driver cannot provide a sample of urine, breath or saliva at the time of the accident, the driver may provide necessary authorization for the Employer to obtain hospital records or other documents that would indicate the presence of controlled substances or alcohol in the driver’s system at the time of the accident.

Reasonable Suspicion Testing

Reasonable suspicion for requiring a driver to submit to drug and/or alcohol testing shall be deemed to exist when a driver, while performing a safety-sensitive function, manifests physical or behavioral symptoms or reactions commonly attributed to the use of controlled substances or alcohol. Such driver conduct must be witnessed by at least one supervisor trained in compliance with Section 382.603. Should a supervisor observe such symptoms or reaction, the driver must submit to testing.

Substance Abuse Evaluation, Return-To-Duty, and Follow-Up Testing

Any driver who engages in prohibited conduct shall be provided with the names, addresses, and telephone numbers of qualified substance abuse professionals (SAPS). If the driver desires to become re-qualified, the driver must be evaluated by a SAP and submit to any treatment the SAP prescribes. Following evaluation and treatment, in order to become re-qualified, the driver must submit to and successfully complete a return-to-duty drug and/ or alcohol test. When treatment is completed, the driver is also subject to follow-up testing. Follow-up testing is separate from and in addition to the Employer’s reasonable suspicion, post-accident, and random testing procedures. The schedule for follow-up testing shall be unannounced and in accordance with the instructions of the SAP. Follow-up testing may continue for a period of up to sixty (60) months following the driver’s return to duty. No fewer than six (6) tests shall be performed in the first twelve (12) months of follow-up testing.

Option: The costs of any SAP evaluation or prescribed treatment shall be borne by the driver. The Employer does not guarantee or promise a position to the driver should he/she regain qualified status.

Authorization for Previous Test Records

Within 30 days of performing a safety-sensitive function, DOT regulations require that the Employer obtain certain drug and alcohol testing records from the driver’s previous Employers for the previous two (2) years. The purpose is to maintain complete driver records indicating violations of any DOT rule pertaining to controlled substance or alcohol use within the previous two (2) years. As a condition of employment, the driver shall provide the Employer with a written authorization for all previous Employers within the past two (2) years to release such drug and alcohol testing records, as the regulations require. Employers must also ask the driver whether he/she tested positive, or refused to test, on any employment drug or alcohol test administered by an employer to which the driver applied for, but did not obtain, safety-sensitive transportation work.

Drug Urinalysis

Drug testing will be performed through urinalysis. Urinalysis will test for the presence of drugs and/or metabolites of the following controlled substances: (1) marijuana; (2) cocaine; (3) opiates; (4) amphetamines; and (5) phencyclidine (PCP).

The urinalysis procedure starts with the collection of a urine specimen. Urine specimens will be submitted to a SAMHSA-certified laboratory for testing. As part of the collection process, the specimen provided will be split into two vials: a primary vial and a secondary vial. The SAMHSA-certified laboratory will perform initial screenings on all primary vials. In the event that the primary specimen tests positive, a confirmation test of that specimen will be performed before being reported by the laboratory to the Medical Review Officer (MRO) as a positive.

All laboratory results will be reported by the laboratory to an Medical Review Officer (MRO) designated by the Employer. Negative test results will be reported by the MRO to the Employer. Before reporting a positive test result to the Employer, the MRO will attempt to contact the driver to discuss the test result. If the MRO is unable to contact the driver directly, the MRO will contact the DER, chosen in advance by the Employer, who shall, in turn, contact the driver and direct the driver to contact the MRO. Note: No stand down shall occur until the MRO receives the laboratory report of a confirmed positive test result, an adulterated test, or a substituted test result.

Option: Stand-down waiver may be obtained pursuant to Part 40.21

Upon being so directed, the driver shall contact the MRO immediately or, if after the MRO’s business hours and the MRO is unavailable, at the start of the MRO’s next business day. In the MRO’s sole discretion, a determination will be made as to whether a result is positive or negative. If, the driver fails to contact the MRO after 72 hours, or if the driver cannot be contacted within ten (10) days, the MRO may verify the test as positive, or refusal to test, as applicable. After any positive verification the driver may petition the MRO to reopen the case for reconsideration.

Pursuant to DOT regulations, individual test results for driver/applicants and drivers will be released to the Employer and will be kept strictly confidential unless consent for the release of the test results has been obtained. Any individual who has submitted to drug testing in compliance with this policy is entitled to receive the results of such testing upon timely written report.

An individual testing positive may make a request of the MRO to have the secondary vial tested. This request can be made verbally or in writing to the MRO within 72 hours of being notified by the Employer of a positive test result. The secondary vial must be tested by a different SAMHSA-certified lab than tested the primary specimen.

Option: The individual making the request for a test of the second specimen responsible for all costs associated with the test.

Dilute Specimens

If the MRO informs the Employer that a negative drug test was dilute, the employer will treat the test as a verified positive test. The Employer will not direct another test.

If the MRO informs the Employer that a negative drug test was dilute and the creatinine concentration of the dilute is greater than 5 mg/dl, the Employer may, but is not required to, direct the driver to take another test immediately. Such re-collections will not be collected under direct observation, unless there is another reason to do so (see Section 40.67 (b) and (c).) The Employer will treat all similarly situated employees the same way for re-collections. However, the Employer may establish different policies for different types of testing (e.g., conduct retest in pre-employment test situations, but not in random, test situations).

Drivers will be informed in advance of the policy regarding re-collections. When the Employer directs the driver to take another test, the driver will be given the minimum possible advance notice that he or she must go to the collection site. The result of the second test - not the original test - is the test of record. Any driver required to take another test, which is also negative and dilute, will not be permitted to take a third test. If the Employer directs the driver to take a second test and the driver refuses, the test will be treated as a positive test result.

Alcohol Tests

Alcohol tests will be performed using a device that is on the National Highway Traffic Safety Administration’s (NHTSA) Conforming Products List (CPL) and meets the DOT’S testing requirements. This may be a breath-testing device or a saliva-testing device, and may be provided through a vendor or agent. The device will be operated by a technician who is certified and trained on the specific device he or she will be operating. The driver shall report to the alcohol-testing site as notified by the Employer. All alcohol tests shall be performed just prior to, during, or just after duty. The driver shall follow all instructions given by the alcohol technician.

Any initial test indicating a blood alcohol concentration (BAC) of 0.02 or greater will be confirmed on an evidential breath testing device (EBT) operated by a breath alcohol technician (BAT). The confirmation test will be performed no sooner than 15 minutes and no later than 30 minutes following the completion of the initial test. In the event the confirmation test indicates a BAC of 0.02 to 0.0399, the driver shall be removed from duty for 24 hours or until his/her next scheduled on-duty time, whichever is longer. Drivers with tests indicating a BAC of 0.04 or greater are considered to have engaged in prohibited conduct.

Option: This may result in disciplinary action up to and including termination.

Training

All supervisors designated to determine whether or not reasonable suspicion exists to require a driver to undergo testing under Section 382.307, will have received at least 60 minutes of training on recognizing alcohol misuse, and at least 60 minutes of training on recognizing controlled substances use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.

Educational Materials

Drivers shall be provided with educational materials that explain the requirements of Section 382.601, consequences of violating the regulations, and the Employer’s policies and procedures with respect to meeting these requirements. The materials supplied to drivers will include information on additional Employer policies with respect to the use or possession of alcohol or controlled substances. Each driver shall be required to sign a statement certifying that he or she has received a copy of the materials described in Section 382.601.

This policy is not intended nor should it be construed as a contract of employment between the Employer and the driver. This policy may be changed at any time at the sole discretion of the Employer.

This policy is in effect to drivers of all company vehicles that require a Commercial Drivers License to operate.

Designed Employee Representative for the Company is: _______________________________

What do I need to know about Overweight Fines?

State Law authorizes the SCDOT Oversize/Overweight Permit (OSOW) office to issue permits for vehicles and loads that exceed legal size and/or weight limits.

What insurance requirements do I need to meet?

Hazardous substances as defined in 171.8, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3500 water gallons, or in bulk Class A or B explosives, Poison gas (Poison A) liquefied compressed gas or compressed gas, or highway route controlled quantity radioactive materials as defined in 173.455…...................$5,000,000.00

Oil listed in 172.101; hazardous waste, hazardous materials and hazardous substances defined in 171.8 and listed in 172.101, but not mentioned above or below…....................... $1,000,000.00

Any quantity of Class A or B explosives; any quantity of poison gas (poison A0; or highway route controlled quantity Radioactive materials as defined in 173.455. (Vehicles under 10,000 pounds GVWR) ...................................... $5,000.000.00

For-hire transportation of passengers:

Any vehicle with a seating capacity of 16 or more ......................................... $5,000,000.00

Any vehicle with a seating capacity 15 or less ...............................................$1,500,000.00

What are the requirements of the Federal Motor Carrier Safety Regulations?

(Code of Federal Regulations Title 49, Parts 40, 325,and 355-399)

If you are operating a vehicle(s) that has a Gross Vehicle Weight Rating (GVWR) of 10,001 pounds or more, is tagged at 10,001 or more pounds, or has a Gross Combination Weight Rating (GCWR) of 10,001 pounds or more, then the company, the driver, and the vehicle itself are subject to these regulations.

(A.) (1.) The gross weight of a vehicle or combination of vehicles, operated or moved upon any interstate, highway or section of highway shall not exceed:

(No bridge formula off the interstate)

The gross weight imposed upon any highway or section of highway other than the interstate by two or more consecutive axles in tandem articulated from a common attachment to the vehicle and spaced not less than 40 inches nor more than 96 inches apart shall not exceed 36,000 lbs., and no one axle of any such group of two or more consecutive axles shall exceed the load permitted for a single axle. The load imposed on the highway by two consecutive axles, individually attached to the vehicle and spaced not less than 40 inches nor more than 96 inches apart, shall not exceed 36,000 pounds and no one axle of any such group of two consecutive axles shall exceed the load permitted for a single axle. (Tandem including 10% on all roads except interstate = 39,600 lbs.)

The 10% enforcement tolerance specified in Section 56-5-4160 applies to the vehicle weight limits specified in this section except, the gross weight on a single axle operated on the interstate may not exceed 20,000 lbs., including all enforcement tolerances; the gross weight on a tandem axle operated on the interstate may not exceed 35,200 lbs., including all enforcement tolerances; and the overall gross weight for vehicles operated on the interstate may not exceed 75,185 lbs., including all enforcement of tolerances except as provided in (b).

(2) Enforcement tolerance is 15% for a vehicle or trailer transporting unprocessed forest products only on noninterstate routes.

(3) Enforcement tolerance is 15% for a vehicle or trailer transporting sod only on noninterstate routes.

(Interstate bridge formula over 75,185 lbs.)

(B) Vehicles with an overall maximum gross weight in excess of 75,185 lbs. may operate upon any highway or section of highway in the Interstate System up to an overall maximum of 80,000 lbs. in accordance with the following:

The weight imposed upon the highway by any group of two or more consecutive axles may not, unless specially permitted by the department exceed an overall gross weight produced by the application of the following formula:

W = 500 (LN/N-1 + 12N + 36)

In the formula W equals overall gross weight on any group of two or more consecutive axles to be nearest 500 lbs., L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in the group under consideration.

As an exception, two consecutive sets of tandem axles may carry a gross load of 68,000 lbs. if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. The formula is expressed in the table below.

How does CSA affect me?

The Federal Motor Carrier Safety Administration’s (FMCSA) new national safety initiative for commercial motor vehicles (CMVs), Compliance, Safety, Accountability (CSA), is a more efficient and effective method for targeting the safety problems of both motor carriers and their drivers to reduce CMV crashes and fatalities.

The success of this new effort requires the cooperation of many stakeholders like you: people at all levels within FMCSA, State Partners, motor carriers, trucking associations, and industry. Here you will find information specific to your role in implementing CSA nationwide. Check these pages regularly for updates.

What is CSA?

Compliance, Safety, Accountability (CSA) is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicles. It introduces a new enforcement and compliance model that allows FMCSA and its State Partners to contact a larger number of carriers earlier in order to address safety problems before crashes occur. Rolled out in December 2010, the program establishes a new nationwide system for making the roads safer for motor carriers and the public alike!

In the development of the CSA program, FMCSA sought to incorporate several key attributes.

FLEXIBILITY – Adapt to a Changing Environment. Accommodates changes to the transportation environment, such as evolutions in technology and changes in programmatic responsibilities.

EFFICIENCY – Maximize Use of Resources. Improves Federal and State enforcement staff productivity, as well as the safety performance of members of the motor carrier community.

In addition to the OP-1 Application, you must also submit the following to complete the application process before Operating Authority will be granted:
- BOC-3 (Process Agents)
- Proof of Liability and/or Cargo Insurance